[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18816-18818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08101]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published the 
Preliminary Results of the fifth administrative review of certain steel 
nails (``nails'') from the People's Republic of China (``PRC'') on 
September 30, 2014.\1\ We gave interested parties an opportunity to 
comment on the Preliminary Results. Based upon our analysis of the 
comments and information received, we made changes to the margin 
calculations for these final results. The final dumping margins are 
listed below in the ``Final Results of the Administrative Review'' 
section of this notice. The period of review (``POR'') is August 1, 
2012, through July 31, 2013.
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    \1\ See Certain Steel from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2012-2013, 79 FR 58744 (September 30, 2014) (``Preliminary 
Results''), and accompanying Preliminary Decision Memorandum.

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DATES: Effective Date: April 8, 2015.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Susan Pulongbarit, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-2312 
or 202-482-4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on September 30, 
2014.\2\ On February 9, 2015, we released the sales and factors of 
production (``FOP'') verification reports for Stanley.\3\ Between 
February 12 and February 24, 2015, interested parties submitted case 
and rebuttal briefs. On January 20, 2015, the Department extended the 
deadline for the final results to March 30, 2015.\4\
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    \2\ See Preliminary Results.
    \3\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and 
Stanley Black & Decker, Inc. (collectively ``Stanley''); see the 
memoranda to the file ``Verification of the Questionnaire Responses 
of Stanley Black & Decker, Inc. (``SBD'') in the 2012-2013 
Antidumping Duty Review of Certain Steel Nails from the People's 
Republic of China (``PRC''),'' and Verification of the Questionnaire 
Responses of The Stanley Works (Langfang) Fastening Systems Co., 
Ltd. (``Stanley Langfang'') in the 2012-2013 Antidumping Duty Review 
of Certain Steel Nails from the People's Republic of China 
(``PRC''), both dated February 9, 2015.
    \4\ See Memorandum to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations from Matthew Renkey, Senior 
International Trade Compliance Analyst, Office V, Antidumping and 
Countervailing Duty Operations regarding Certain Steel Nails from 
the People's Republic of China: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review, dated January 20, 
2015.
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Scope of the Order

    The merchandise covered by the order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails subject to 
the order are currently classified under the Harmonized Tariff Schedule 
of the United States (``HTSUS'') subheadings 7317.00.55, 7317.00.65, 
7317.00.75, and 7907.00.6000.\5\ While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.\6\
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    \5\ The Department recently added the Harmonized Tariff Schedule 
category 7907.00.6000, ``Other articles of zinc: Other,'' to the 
language of the Order. See Memorandum to Gary Taverman, Senior 
Advisor for Antidumping and Countervailing Duty Operations, through 
James C. Doyle, Director, Office 9, Antidumping and Countervailing 
Duty Operations, regarding ``Certain Steel Nails from the People's 
Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,'' 
dated September 19, 2013.
    \6\ See ``Certain Steel Nails from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results of the 
Fifth Antidumping Duty Administrative Review,'' dated concurrently 
with and hereby adopted by this notice (``Issues and Decision 
Memorandum''), for a complete description of the Scope of the Order.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Issues and Decision Memorandum. A list 
of the issues which parties raised is attached to this notice as an 
appendix. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit (``CRU''), Room 7046 of the main 
Department of Commerce building, as well as electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS'').\7\ ACCESS is 
available to registered users at http://access.trade.gov and in the 
CRU. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
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    \7\ On November 24, 2014, Enforcement and Compliance changed the 
name of its centralized electronic service system to ACCESS. The Web 
site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the 
centralized electronic service system to ACCESS in the Department's 
regulations can be found at 79 FR 69046 (November 20, 2014).
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we revised the 
margin calculation for Stanley. Accordingly, for the final results, the 
Department has updated the margin to be assigned to companies

[[Page 18817]]

eligible for a separate rate as the weighted average of the revised 
calculated margins of the mandatory respondents.\8\ The Surrogate 
Values Memo contains further explanation of our changes to the 
surrogate values selected for Stanley's and Xi'an Metals & Minerals 
Import & Export Co. Ltd.'s (``Xi'an Metals'') factors of production.\9\
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    \8\ See Preliminary Results.
    \9\ See Memorandum to the File, through Scot T. Fullerton, 
Program Manager, Office V, Enforcement and Compliance, from Susan 
Pulongbarit, Senior International Trade Analyst, Office V, 
Enforcement and Compliance, regarding Fifth Antidumping 
Administrative Review of Certain Steel Nails from the People's 
Republic of China: Surrogate Values for the Final Results, dated 
concurrently with and hereby adopted by this notice (Surrogate 
Values Memo).
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Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Besco Machinery Industry (Zhejiang) Co., Ltd., Certified Products 
International Inc. (``CPI''), Hebei Cangzhou New Century Foreign Trade 
Co., Ltd. (``New Century''), Huanghua Xionghua Hardware Products Co., 
Ltd., Jining Huarong Hardware Products Co., Ltd., Shandong Oriental 
Cherry Hardware Import & Export Co., Ltd., Shanghai Jade Shuttle 
Hardware Tools Co., Ltd., Shanghai Tengyu Hardware Tools Co., Ltd., 
Tianjin Jinchi Metal Products Co., Ltd., and Zhejiang Gem-Chun Hardware 
Accessory Co., Ltd. did not have any reviewable transactions during the 
POR.\10\ Consistent with the Department's refinement to its assessment 
practice in non-market economy (``NME'') cases, we completed the review 
with respect to the above-named companies.\11\ With respect to New 
Century, we obtained information from CBP indicating that it had 
reviewable transactions during the POR, which contradicts its no-
shipment certification. Consequently, the Department is now treating 
New Century as part of the PRC-wide entity for the final results. For a 
full discussion of our findings and determination with respect to New 
Century, see the Issues and Decision Memorandum at Comment 10. Based on 
the certifications submitted by the remaining aforementioned companies, 
and our analysis of CBP information, we continue to determine that 
these companies did not have any reviewable transactions during the 
POR. As noted in the ``Assessment Rates'' section below, the Department 
intends to issue appropriate instructions to CBP for the above-named 
companies based on the final results of the review.
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    \10\ See Preliminary Results. In those Preliminary Results, 
Jining Huarong Hardware Products Co., Ltd. and Shandong Oriental 
Cherry Hardware Import & Export Co., Ltd. were inadvertently 
identified as part of the PRC-wide entity instead of companies 
reporting no shipments during the POR in the appendix to the 
Preliminary Decision Memorandum. We are correcting this error for 
the final results. See the Issues and Decision Memorandum at 
``Additional Correction of Clerical Errors.''
    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).
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Final Results of the Review

    The weighted-average dumping margins for the final results of this 
administrative review are as follows: 12 13
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    \12\ In the Preliminary Results, the Department inadvertently 
excluded Shandong Oriental Cherry Hardware Group Co., Ltd., in 
identifying companies establishing eligibility for a separate rate. 
We are correcting this error for the final results. See the Issues 
and Decision Memorandum at ``Additional Correction of Clerical 
Errors.''
    \13\ The PRC-wide entity now includes New Century. See Appendix 
to the Issues and Decision Memorandum accompanying this notice for a 
list of the companies receiving the PRC-wide rate.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              margin
                                                             (percent)
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Stanley.................................................           13.19
Xi'an Metals............................................           72.52
Chiieh Yung Metal Ind. Corp.............................           16.62
Dezhou Hualude Hardware Products Co., Ltd...............           16.62
Huanghua Jinhai Hardware Products Co. Ltd...............           16.62
Nanjing Yuechang Hardware Co., Ltd......................           16.62
Qingdao D&L Group Ltd...................................           16.62
Qingdao JISCO Co., Ltd..................................           16.62
SDC International Aust. PTY. LTD........................           16.62
Shandong Dinglong Import & Export Co., Ltd..............           16.62
Shandong Oriental Cherry Hardware Group Co., Ltd \12\...           16.62
Shanghai Curvet Hardware Products Co., Ltd..............           16.62
Shanghai Yueda Nails Industry Co., Ltd..................           16.62
Shanxi Hairui Trade Co., Ltd............................           16.62
Shanxi Pioneer Hardware Industrial Co., Ltd.............           16.62
Shanxi Tianli Industries Co., Ltd.......................           16.62
S-Mart (Tianjin) Technology Development Co., Ltd........           16.62
Suntec Industries Co., LTD..............................           16.62
Tianjin Jinghai County Hongli Industry and Business Co.,           16.62
 Ltd....................................................
Tianjin Lianda Group Co., Ltd...........................           16.62
Tianjin Universal Machinery Imp. & Exp. Corporation.....           16.62
Tianjin Zhonglian Metals Ware Co., Ltd..................           16.62
PRC-Wide Entity \13\....................................          118.04
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Disclosure

    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with section 351.224(b) of the Department's 
regulations.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.212(b), the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after publication of the final 
results of this administrative review.

[[Page 18818]]

    For assessment purposes, where the respondent reported reliable 
entered values, we calculated importer (or customer)-specific 
assessment rates for merchandise subject to this review. We will 
continue to direct CBP to assess importer-specific assessment rates 
based on the resulting per-unit (i.e., per kilogram (kg)) rates by the 
weight in kgs of each entry of the subject merchandise during the POR. 
Specifically, we calculated importer-specific duty assessment rates on 
a per-unit rate basis by dividing the total dumping margins (calculated 
as the difference between normal value and export price, or constructed 
export price) for each importer by the total sales quantity of subject 
merchandise sold to that importer during the POR.\14\ If an importer 
(or customer)-specific assessment rate is de minimis (i.e., less than 
0.50 percent), the Department will instruct CBP to assess that importer 
(or customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2).
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    \14\ See 19 CFR 351.212(b)(1).
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    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide rate. In addition, if the 
Department determines that an exporter had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number will be liquidated at the PRC-wide rate.\15\
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    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
Preliminary Decision Memorandum, at 4-5.
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    The Department determines that Besco Machinery Industry (Zhejiang) 
Co., Ltd., Certified Products International Inc. (``CPI''), Huanghua 
Xionghua Hardware Products Co., Ltd., Jining Huarong Hardware Products 
Co., Ltd., Shandong Oriental Cherry Hardware Import & Export Co., Ltd. 
(``Oriental Cherry''), Shanghai Jade Shuttle Hardware Tools Co., Ltd., 
Shanghai Tengyu Hardware Tools Co., Ltd., Tianjin Jinchi Metal Products 
Co., Ltd., and Zhejiang Gem-Chun Hardware Accessory Co., Ltd. did not 
have any reviewable transactions during the POR. As a result, any 
suspended entries that entered under these exporters' case numbers 
(i.e., at that exporter's rate) will be liquidated at the PRC-wide 
rate.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5 percent, a zero cash deposit rate will be required 
for that company); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have separate rates, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-wide rate of 118.04 
percent; and (4) for all non-PRC exporters of subject merchandise which 
have not received their own rate, the cash deposit rate will be the 
rate applicable to the PRC exporters that supplied that non-PRC 
exporter. The deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing these administrative reviews and 
notice in accordance with sections 751(a)(l) and 777(i) of the Act.

    Dated: March 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Selection of the Surrogate Country
Comment 2: Steel Wire Rod SV Source
Comment 3: Which HTS Categories to Use for the SV for Steel Wire Rod
Comment 4: Treatment of Two Labor-Related Line Items in the 
Financial Ratio Calculations
Comment 5: Brokerage and Handling
Comment 6: Letter of Credit Adjustment
Comment 7: Consideration of an Alternative Comparison Method in 
Administrative Reviews
Comment 8: Withdrawal of the Regulatory Provisions Governing 
Targeted Dumping in Less-than-Fair-Value Investigations
Comment 9: Application of the Differential Pricing Analysis
Comment 10: Hebei Cangzhou New Century Foreign Trade Co., Ltd.'s 
Status as a No Shipments Company
Comment 11: Correction of a Clerical Error in Not Listing Tianjin 
Lianda as a Separate Rate Company
Comment 12: SV for Stanley's Plastic Beads
Comment 13: SV for Stanley's Chromate, Chromium Trioxide
Comment 14: SV for Stanley's Thermal Transfer Ribbon
Comment 15: Use of Customer Code or Common Customer Code in the 
Cohen's d Test to Identify the Purchaser in Stanley's Margin Program
Comment 16: Stanley's Use of Steam and Gasoline
Comment 17: Scrap Offset for Stanley's Toller A
Comment 18: Scrap Offset for Stanley's Toller B
Comment 19: Correction of a Ministerial Error Pertaining to Freight 
Revenue in Stanley's Margin Calculation Program
Comment 20: Usage Rates for Three Chemical Inputs Used by Toller A 
in the Pickling and Phosphating Process
Recommendation
[FR Doc. 2015-08101 Filed 4-7-15; 8:45 am]
 BILLING CODE 3510-DS-P